Walter v. Flores

Filed 9/14/06 Walter v. Flores CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Appellant seeks review and reversal of a trial court order that calculated child support arrearages owed by respondent on the basis of a prior order which set the amount of child support at $500 per month. Appellant has failed to furnish us with a record that proves respondent had a greater monthly child support obligation. We therefore affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY[1]

Appellant and respondent are the parents of Abraham Flores III, who was born in May 1987. Following a hearing on appellant's order to show cause re contempt, and upon consideration of income and expense declarations, the trial court filed an order on February 9, 1999, which set child support at $1,500 per month, retroactive to October 7, 1998, and found arrearages of $1,250 for October 1998, and $1,500 for the succeeding months. Respondent was ordered to pay the arrearages at the rate of $500 per month. Defendant was also ordered to provide documentation of his income.

Defendant thereafter failed to pay the support as ordered by the court, and a succession of orders was filed which dealt with the arrearages and respondent's failure to provide documentation of his income. Through June 30, 1999, unpaid arrearages were set by stipulation at $11,250. By September of 1999, pursuant to a stipulation respondent was ordered to pay by electronic transfer to appellant's account child support in the amount of $500 per month and $100 per month toward the arrearages. Again in November of 1999, an order specified that the â€